The judge ruling on Scientology's plea to remove its leader
from a lawsuit says he'll carefully sift arguments.
By THOMAS C. TOBIN
St. Petersburg Times, published April 20, 2000
TAMPA -- A judge said Wednesday he will take some time to
decide whether Scientology leader David Miscavige should remain
a defendant in a wrongful death lawsuit against the Church of
Scientology in Clearwater.
Hillsborough Circuit Judge James S. Moody Jr. will consider a
variety of legal issues, including whether Miscavige was
properly served with the lawsuit at his Hollywood, Calif.,
office and whether his late addition to the suit places him at
The lawsuit was filed in early 1997 against the Church of
Scientology's Clearwater entity and several Scientologists, all
of whom are accused of causing the 1995 death of church member
Lisa McPherson while in the care of church staffers. Miscavige
was added as a defendant in December 1999. His New York
attorney, Samuel D. Rosen, argued Wednesday that leaves little
time for him and his client to prepare for the June trial.
Rosen also criticized Tampa lawyer Ken Dandar, saying he has
accused Miscavige in McPherson's death without any evidence to
back it up. Dandar represents McPherson's estate, which brought
the lawsuit. Rosen urged Moody to remove Dandar from the case.
"This is the most heinous charge one could make -- a charge of
premeditated murder against the worldwide leader of an
organized religion," Rosen said, adding: "This is an
Dandar said he has circumstantial evidence Miscavige ordered
the Scientology staff in Clearwater to let McPherson die. He
added Miscavige to the lawsuit after discovering a church
document that, he said, helps establish the California-based
leader as the head of Scientology's Clearwater operation.
Rosen said the document proves nothing of the sort.
Furthermore, he said, it is part of Scientology scripture and,
under the First Amendment, cannot be interpreted by the courts.
From: [email protected]
Subject: Re: NEWS UPDATE FROM CLEARWATER
Date: Thu, 20 Apr 2000 12:59:53 -0600
Message-ID: <[email protected]>
>"This is the most heinous charge one could make -- a charge of premeditated
>murder against the worldwide leader of an organized religion," Rosen said,
>adding: "This is an irresponsible pleading."
Certainly, a "worldwide leader of an organized religion" should
have more important concerns. And Mr. Miscavige isn't shy about
telling people just what those concerns are:
(Extracted from <[email protected]>
by Mike O'Connor <[email protected]> )
From the deposition of David Miscavige by Keith Henson and
Grady Ward, May 21, 1997 at Palm Springs, California. Case No.
CV-96-20207 Northern District of California U.S.C.A. (9th)
Docket No. C 98-16994
(*) = David Miscavige, head of the Church of Scientology
GW = Grady Ward, deposing David Miscavige under oath
"(*): Wait a second, I'd like to note for the record that Mr.
Ward here, said he was doing TR 1.1. And I would just like that
noted here. That is probably not understandable to someone who
is not a Scientologist, but it is definitely an attempt to
demean the religion[sic] of Scientology and I'd like that noted
for the record. This TR 1.1 refers to a writing by Graham
Berry, where he states that he will start up a 1.1 Club,
including, qualifications for this for non homosexuals, is that
there will be a public buggering of the leaders of Scientology.
Buggering of course I think you know that it refers to sodomy
and that is I understand what the 1.1 Club is. I think that's
what Mr. Ward was stating that in reference to. I'd also like
to state for the record. I believe I've taken about a minute to
state that and I'm willing to give them an extra minute so that
it doesn't come off their time.
"GW: For the record I have no idea why --
Yingling: Mr. Ward this is not --
"GW: I'm sorry, I do get to respond to that ma'am. He's
accusing me of accusing him of vile words which he has put into
the record, which I am shocked that he would put such vile
words into the record. But for the record, I'm just looking at
him. And he's the one that asked me what I'm doing and he just
said this is TR something. So of course, since I know how much
Scientologists are fond of humorous situations, I gave him a
humorous answer and I have no idea what he's talking about
Graham Berry's and other vile words that he said which I'm glad
I didn't put on the record, as he did.
"(*): Just so we have a record here and I don't care to engage
in argument and I'd like the record to reflect that we've
probably both been quite cordial with each other. But in
reference to that, as Mr. Ward states, he has no idea what I'm
referring to, the reason I was lead to believe that he would
know about this is because Mr. Ward - I have seen postings from
him, describing the various sexual acts that he has me engaged
with various male members of the Scientology religion[sic],
attorneys and so forth. And again, I won't state here what that
is, but he has already been ruled to be disgusting by the judge.
"Mr. Hart: and let the record reflect that both Mr. Henson and
Mr. Ward are snickering
GW: Let the record that William M. Hart is not well shaved and
he looks like a ruffian and is causing a disruption of the
Maybe talking about murder just isn't what gets Davey off. Maybe
he'll show up voluntarily if the "1.1 Club" invites him?
Ted ([email protected])